Page:The Laws and Acts of Parliament of Scotland.djvu/304

 ,8z KING JAMES THE SEXT of the Kings lieges : It is ftatute and ordained, be our Soveraine Lord, with advife of his three Eftaites , con- veened in this prefent Parliament : That jufcice aires fall be halden twife everie zeir, in time cumming , over all the Schires of this Realme, in the Moneth oitA^ril, and October : Beginnand in the Moneth o{6dJober nixt-to -cum, gif convenientlie it may be. And be reafon the mater cannot be ordered ,and over-tane at anis, be onie few number, to paffe fucceffivelie over all the haiil Realme, from ane Schire toaneuther, that OUR SOVERAINE LORD, fall caufe his Juftice Generall, make aucht deputes : Or elfe his Hienefie fall make fa mony, be his awin Commiffion , under the teftimonial of the great Seale , of fum of dieSenatouresofdieColledgeof Juftice, or certaine weiil experimented Advocates, that ar maiftableto traveli, appoyntand twa over everie quarter of the Realme, quhilk conteinis feven Schire fledomes, or thereby,- With ane depute of the Thefaurers, and ane uther of the Juftice Clerkes. Aid that the Stewardries, and the BaiUieriesciuntotheheadBurrowesofdieSchirefledomes, quhairin they lie: Before the cumming of the quhilks Juftices deputes, dittaie fall be uptaken, and die perfons indicled arreifted , in maner hereafter fpeci- fied. Quhilks Juftices fa direcled, fall be received at their entrie in the Schire , be the Schireffe principal, or his fufBcient depute. As alfo be die Wardanes, within their Wardanries , and their deputes , being Knights or Gentil-men landed, with the free-halders of the fame Schireffdome, that fall be warned be the Schireffe, to that effect, be Proclamation, for conveening at the place and time appoynted: Quhilkis fall convoye, die faidis Juftice deputes, to the head Burgh of the Schire, and accompanie diem , during dieir remayning riiere: And quhill they be out of the boundes of die faid Schire, and received be the nixt Schireffe, or his depute. And upon the morning, after the cumming ofthefaids Juftice deputes, to everie head Burgh of the Schire, gif the day be lauchfull : and failzieng thereof, the nixt lauchfull day, they fall beginne and fenfe their aire, call the fuites, and put die ofFenders, gif ony bee alreadie in prifon , to the knawledge of ane Affife. And as diey be found culpable, or Innocent, to minifter Juftice upon them, conforms to the Lawes of the Realme. Thereafter to call the pledges and Cautioners of perfones, that hes founde fovertie i to underhe the Lawe, the tlirid daie of the aire , or fooner , upon fifteene daies warning. And thridly, die perfones newlie indited and arreifted, and doe juftice likewaies upon them: and that they direct their Pre- cepts for fummounding of Affifours, aneormaa, ilk perfon under the paine of fourtie punds. And having ended their Juftice aires: they fall deliver the extraclthereoi, fubferibed with their handes be indenture, to the Thefaurer , or his depute: Quhilkis fah caufe up-take die fummes, conteined in the faid extract , and make compt of die fummes conteined therein, at the nixt Checker , before the auditour thereof. In the firft end of quhilk fummes, fall be allowed to die Thefaurer or his depute , the charges and expenfes of the Juftice and Clerkes, as the famin fall be modified and appoynted be the Lords Auditores of his Hienefle Checker, or onie five of them. And to die efTecl: that all Executiones and arreiftmentes requifite, may be dewlie pre- pared, before the cumming of die faidis Juftice deputes : It is ftatute and ordained, that OUR SOVERAINE LORD, with advife of his Chancellar, Thefaurer, Juftice-Clerk , fall nominate and give Commiftion to honorable and worthie perfons , being knawen of honeft fame, andefteemednamainteinersofcvill, oroppreffion; And in degree, Erles, Lordes, Barronnes, Knightes, and fpecial Gende-men landed, experimented in the lovable Lawes and cuftomes of the Realme , acluall in-dwellers in the fame Schires , to the number hereafter limited , according to the boundes and quantitie of everie fchire : That is to fay, within die Countries and Schireffedome of Orknay and Zetland, xiiij : Within Innernes and Cromartie, twentic ane : Name, feven : 'Elgin and Forres , feven : Bamjf,{even: tj4berdene,xvenxieane: Kincardiu,{even: For/are, fourtenc: Fife, fourtene: Kinrojm {even: Clack-mannan, feven: Terth, twentie ane : Striviling,{even: Tytimb art ane, {even: Liulithc&w, feven-. Edinburgh principal {even: Conftabularie of hladingtoim, (even : Bervike,{even: Roxburgh, four- tene : Selkirk, feven : Teblis, feven : Lanark, fourtene : Renfrew, feven : i^Argile, {even -. Bute, feven : o4/r, twentie ane: lVigtoun,{even: 'Dumfreis, twentie ane. Qiihilkis fall be the Kingis Commiffioners and Juftices, in the furtherance of Juftice, peace and quietnefle : Togidder with four of die Councell of everie Burgh, widiinthefelfe: Qiihilks fall be conftant and continual up-takers of dittay. Givand, grant- and, and committand to them full power to take inquifition, and make Dittay be their awin knawledge : Or be an fworne inqueft, or fvvorne particular men, of all perfones fufpe&ed culpable, of the crimes and de- faukes conteined in the Table , to be maid be the Thefaurer , Juftice Clerke, and Advocate , annexed to this prefent Act , divided in twa fortes. And all perfones delated as culpable in the firft degree ; The faidis Judges and Commiffioners, fall adier apprehend and commit to waird (gif convenientlie they canne) Or els fall de- liver them in the Portuous, to the Crowner of the Schire , everie Moneth anis to be arreifted , and put under fovertie, be him , or his deputes , to the nixt Juftice aire, to be halden twife in the zeir be the Kingis Juftices deputes, directed from his Hienefle, in maner before fpecified. And upon all perfones delated and fufpecled, as culpable of the uther crimes and defaukes, in the fecond degree : The faidis Juftices and Commiffioners in the Schires, fall proceede and do Juftice themfelves, at their courtes and meetinges, to be kept four times evrey zeir : That is to fay, At the firft day otMazj : At the firft day oiAuguft : At the firft day of November, and at the firft day of Februar, or utherwaics , at ony time ; three thereof , then being togidder, and alwaies fitting in the Tolbuith, of the head Burgh of the Schire : And that they remaine at every ane of the faids four times in the zeir, three daies togidder , or langer , or fhorter , as they finde occafion : withpower to them to direct their precepts & portuous, to the Crowners : and their precepts, to Schiretfes or Ofnciars of amies, to